Bishop not backing Labor’s Dutton referral

Labor's chances of getting Peter Dutton referred to the High Court to test his eligibility to sit in parliament are waning, with Julie Bishop rejecting such a move.

The Home Affairs Minister has been under intense scrutiny for almost a month over his family's financial interest in two childcare centres.

Ms Bishop last week called for clarity on the issue, saying she would make her mind up on whether to vote with Labor to refer Mr Dutton if it came before parliament.

But the former deputy Liberal leader has since walked away from her veiled threat.

"Based on current information, I would vote against such a motion," she told The Australian on Monday.

Labor would need a total of six coalition MPs and crossbenchers to pass the motion.

Section 44 of the constitution disqualifies anyone who has a "direct or indirect pecuniary interest" in any agreement with the Commonwealth.

Mr Dutton is confident legal advice from the solicitor-general and his own lawyer clears him.

"These issues are being raised for political purposes. It was raised by the Labor Party in October of last year and they didn't raise it again (until recently)," Mr Dutton told reporters in Canberra.

"I'm very confident of my position."

Mr Dutton was also asked about reports he had not stepped out of cabinet when childcare funding changes were discussed, but he refused to go into details.

"I've always complied with the statement of ministerial standards in the cabinet handbook in declaring any interest," he told parliament.

Former prime minister Malcolm Turnbull, who Mr Dutton tried to overthrow before Scott Morrison narrowly won the Liberal leadership, tweeted from New York last week that the minister should be referred to the court.

Mr Dutton refused to comment on Mr Turnbull's intervention and denied Ms Bishop had indicated she would cross the floor.

At the height of the Liberal leadership crisis, Solicitor-General Stephen Donaghue advised he could not categorically determine Mr Dutton's status and only the High Court could.

However Mr Donaghue found on balance Mr Dutton was "not incapable" of sitting as an MP.

Opposition Leader Bill Shorten said there needed to be clarity about Mr Dutton's position.

"This is not just Labor saying there's a cloud over the eligibility of a senior minister - it's now Malcolm Turnbull, it's now Julie Bishop," Mr Shorten told the ABC.

"Having learnt the hard way myself, you're better removing all ambiguity and submitting it to the High Court."